The Oriental Insurance Company Ltd vs Sriti Talukdar And 4 Ors
2025 Latest Caselaw 841 Gua

Gauhati High Court

The Oriental Insurance Company Ltd vs Sriti Talukdar And 4 Ors on 4 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/4

GAHC010116102025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : MACApp./244/2025

         THE ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGIONAL OFFICE AT GODREJ BUILDING, ULUBARI,
         GUWAHATI-07, ASSAM. REP. BY ITS DEPUTY MANAGER



         VERSUS

         SRITI TALUKDAR AND 4 ORS.
         S/O. HEMENDRA TALUKDAR

         2:HEMENDRA TALUKDAR
          S/O. LT. RAMAMAJ TALUKDAR
          BOTH ARE R/O. NELLIE BORPAYAK
          BENGOLIGAON
          SUB DIVISION MORIAGAON
          PS JAGIROAD
          DIST. MORIGAON
         ASSAM.

         3:BUBUL DEKA
          S/O. BOLO DEKA
          R/O. VILL.- NAKUCHI GAON
         AMSOI
          DIST. MORIGAON
         ASSAM.

         4:DEBAKANTA NATH
          S/O. PUHOR NATH
          R/O. VILL.- AMSOI
          GASPARA
          PO AMSOI
          PS RAHA
          DIST. MORIGAON
                                                 Page No.# 2/4

ASSAM.

5:THE OFFICER INCHARGE
 NELLIE OUTPOST
 UNDER JAGIROAD P/S. ASSAM
 DIST. MORIGAON
ASSAM-782105

Linked Case : I.A.(Civil)/1765/2025

THE ORIENTAL INSURANCE COMPANY LTD.
HAVING ITS REGIONAL OFFICE AT GODREJ BUILDING
ULUBARI
GUWAHATI-07
ASSAM. REP. BY ITS DEPUTY MANAGER


VERSUS

SRITI TALUKDAR AND 4 ORS.
S/O. HEMENDRA TALUKDAR

2:HEMENDRA TALUKDAR
S/O. LT. RAMAMAJ TALUKDAR
 BOTH ARE R/O. NELLIE BORPAYAK
 BENGOLIGAON
 SUB DIVISION MORIAGAON
 PS JAGIROAD
 DIST. MORIGAON
ASSAM.

3:BUBUL DEKA
S/O. BOLO DEKA
R/O. VILL.- NAKUCHI GAON
AMSOI
DIST. MORIGAON
ASSAM.

4:DEBAKANTA NATH
S/O. PUHOR NATH
R/O. VILL.- AMSOI
GASPARA
PO AMSOI
PS RAHA
DIST. MORIGAON
ASSAM.
                                                             Page No.# 3/4

           5:THE OFFICER INCHARGE
           NELLIE OUTPOST
           UNDER JAGIROAD P/S. ASSAM
           DIST. MORIGAON
           ASSAM-782105.


For the appellant (s)   : Mr. J. Kalita, Advocate

For the respondent (s) : XXXX



                              BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH
                             ORDER

04.06.2025

This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 14.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.1415/2016.

2. The ground of objection taken is that the evidence on record so placed indicated that the accident took place on account of an unknown vehicle which is also reflected in the FIR as well as in the Final Report. However, merely on Form-54, the learned Tribunal had come to a finding that the accident happened on account of the offending vehicle insured by the appellant Insurance Company.

Page No.# 4/4

3. Taking into account the said ground of objection, the Appeal is admitted.

4. Call for the record(s).

5. Steps be taken upon the respondent Nos.1 to 5 by way of registered post with A/D as well as through usual process within 2 (two) days.

JUDGE

Comparing Assistant